OT AFRICA LINE LTD AND OTHERS v MAGIC SPORTSWEAR CORP AND OTHERS
[2006] Lloyd's Rep Plus 102
CANADAFEDERAL COURT OF APPEAL
Before Decary JA, Evans JA and Sharlow JA
Conflict of laws – Forum non conveniens
– Bill of lading conferring exclusive jurisdiction on High Court in London –
Shippers bringing proceedings against carriers in Canada under section 46(1) of
Canadian Maritime Liability Act – English courts granting carriers anti-suit
injunctions – Carriers seeking stay of Canadian proceedings – Whether Canadian
courts deprived by section 46(1) of discretion to grant stay – Whether Canadian
courts should give weight to the exclusive
jurisdiction clause and English judgments – Canada.